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Wage and Hour › Class Members › Class Certification

Alston & Bird

Class Action & MDL Roundup 2024 Q2 – We Are Administratively Feasible

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Proskauer - California Employment Law

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

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Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) - Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more

BakerHostetler

Caution: Precertification Communications with Absent Class Members

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Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action “parties” and thus “represented” by plaintiff’s counsel? If so, is defense counsel prohibited from speaking with absent class...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

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Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Seyfarth Shaw LLP

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

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Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

Foley & Lardner LLP

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

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As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

Cozen O'Connor

SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases

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In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or...more

Mintz - Employment, Labor & Benefits...

Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide...

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The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more

Morrison & Foerster LLP

Certification by Statistics: U.S. Supreme Court Upholds Use of Statistical Sampling in Tyson Foods Employment Class Action

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Yesterday, the U.S. Supreme Court issued a 6-2 decision affirming a $2.9 million judgment against Tyson Foods, Inc. in an employment overtime pay case where statistical sampling was used to establish classwide liability and...more

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